interest in the „043 Patent and s
uch ownership rights are confirmed by assignments recorded in
the USPTO. A true and accurate copy of the „043 Patent is attached hereto as
BBC makes, imports, uses, sells or offers for sale a three-dimensional sculptedshoe featuring a
character and spider web
”) that infringe
one or more claims of the „043 Patent.
Family Dollar uses, sells, offers for sale to consumers, the Infringing Product thatis sold to Family Dollar by BBC. True and accurate photographs of the Infringing Product areappended hereto as Exhibit 2.14.
has also infringed one or more claims of the „043 Patent by knowingly and
actively inducing others to infringe, by contributing to the infringement of others, including butnot limited to Family Dollar, and by intentionally aiding, assisting and encouraging theinfringement by others, including but not limited to Family Dollar through the sale, offer for sale,manufacture and use of the Infringing Products.15.
Defendants were made awar
e of the „043 Patent and their infringement thereof at
least as early as its receipt of correspondence from counsel for Polliwalks providing notice of the
„043 Patent and Defendants infringement thereof which was sent to each of the Defendants on or
about May 23, 2013. The letters were sent United States Priority Mail with a tracking number.BBC responded to these letters and thereby confirmed the receipt thereof.16.
Upon information and belief, since at least the time Defendants received notice,Defendant
s have induced and continue to induce others to infringe at least one claim of the „043
Patent under 35 U.S.C. §271 (b) by, among other things, and with specific intent or willful blindness, actively aiding and abetting, others to infringe, including, but not limited to,